had made regular pollings impossible. Consequently, the council that convened in February, 1863 was, to all intents and purposes, the selfsame body that, in October, 1861, had confirmed the alliance with the Confederate States. It was Phillips's intention to stand by, with military arm upraised, until the earlier action had been rescinded. While he waited, word came that the harvest of defection among the Creeks had begun; for "a long line of persons"[727] was toiling through the snow, each wearing the white badge on his hat that Phillips and McIntosh had agreed should be their sign of fellowship. Then came an order for Phillips to draw back within supporting distance of Fayetteville, which, it was believed, the Confederates were again threatening.[728] Phillips obeyed, as perforce, he had to; but he left a detachment behind to continue guarding the Cherokee Council.[729]
The legislative work of the Cherokee Council, partisan body that it was, with Lewis Downing as its presiding officer and Thomas Pegg as acting Principal Chief, was reactionary, yet epochal. It comprised several measures and three of transcendant importance, passed between the eighteenth and the twenty-first:
1. An act revoking the alliance with the Confederate States and re-asserting allegiance to the United States.
2. An act deposing all officers of any rank or character whatsoever, inclusive of legislative, executive, judicial, who were serving in capacities disloyal to the United States and to the Cherokee Nation.
Footnote 727: [(return)]
Official Records, vol. xxii, part ii, 101.
Footnote 728: [(return)]
—Ibid., 111-112.
Footnote 729: [(return)]
—Ibid., 115.
3. An act emancipating slaves throughout the Cherokee country.[730]
His detention in Arkansas was not at all to Phillips's liking. It tried his patience sorely; for he felt the crying need of Indian Territory for just such services as his and, try as he would, he could not visualize that of Arkansas. Eagerly he watched for a chance to return to the Cherokee country. One offered for the fifth of March but had to be given up. Again and yet again in letters[731] to Curtis and Blunt he expostulated against delay but delay could not well be avoided. The pressure from Arkansas for assistance was too great. Blunt sympathized with Phillips more than he dared openly admit and tacitly sanctioned his advance. Never at any time could there have been the slightest doubt as to the singleness of the virile Scotchman's purpose. In imagination he saw his adopted country repossessed of Indian Territory and of all the overland approaches to Texas and Mexico from whence, as he supposed, the Confederacy expected to draw her grain and other supplies. Some regard for the Indian himself he doubtless had; but he used it as a means to the greater end. His sense of justice was truly British in its keenness.